Your connection keeps dropping and your retail internet provider blames NBN Co's network. Under Australian Consumer Law, that's not who you have a contract with — and not who owes you a remedy.
You have a contract with your RSP, not NBN Co
NBN Co builds and wholesales the physical network, but it sells only to retail service providers (RSPs) like Telstra, Optus, TPG and others — not directly to households. Your contract is with your RSP, and that's who the Australian Consumer Law's consumer guarantees attach to. If your internet service fails to be provided with due care and skill, or doesn't match what was promised, your RSP is legally responsible for fixing it — regardless of whether the underlying fault sits on NBN Co's infrastructure.
There's no dedicated internet service guarantee — but ACL still applies
Unlike traditional landline phone services, which are covered by a specific Customer Service Guarantee with defined connection and repair timeframes, internet services don't have an equivalent dedicated statutory timeframe. That gap doesn't leave you unprotected: the general consumer guarantees under the ACL still apply, including that a service must be provided with due care and skill and be reasonably fit for its disclosed purpose. If a provider advertises a specific speed and consistently fails to deliver it, this can amount to misleading conduct under the ACL, separate from the consumer guarantees.
What a remedy can look like
If your RSP fails to meet a consumer guarantee, the ACL provides remedies — the specific remedy depends on which guarantee was breached and how serious the failure is, and can include a repair, a service credit, or in more serious cases the right to exit the contract. Consumer guarantees cannot be excluded, restricted or modified by a provider's own contract terms, no matter what the fine print says about "NBN Co being responsible for network issues."
How to push back on the "it's NBN Co's fault" excuse
- Document the fault clearly: dates, times, what happened, and any diagnostic steps you or the provider took.
- Ask your RSP directly what they are doing to escalate the fault to NBN Co on your behalf — this is their job, not yours to manage.
- If the RSP and you disagree about the cause, either party can arrange an independent technician — ask who is expected to cover this cost if the fault turns out to be network-side.
- If the RSP won't take responsibility, remind them the ACL consumer guarantees sit with them regardless of network ownership, and escalate to the Telecommunications Industry Ombudsman if unresolved.
What this means practically
- Your RSP cannot point at NBN Co to avoid its own consumer guarantee obligations to you.
- There's no fixed statutory repair timeframe for internet like there is for landline phones — but ACL still requires the service to be delivered with due care and skill.
- A persistent, provable speed shortfall against what was advertised can amount to misleading conduct, a separate and stronger claim than a simple service complaint.
- Keep a clear fault log — it's what turns "my internet keeps dropping" into a documented consumer guarantee claim.
Sources
- The Conversation — Consumer rights for NBN and internet connections under ACL: theconversation.com
- Telecommunications Industry Ombudsman — Faulty services and ACL remedies: tio.com.au
- ACCC — Consumer rights and guarantees: accc.gov.au
Related Kibbo Tools
- Broadband Service Problem Checklist — document faults correctly so your RSP can't shift blame without evidence.